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Judgment
S.K. Sen, C.J.—Heard learned Counsel for the applicant. None appears to oppose the application.
This is an application for recalling of the order dated 14th December, 1999 passed by a Division Bench of this Court in Special Appeal No. 997 of 1995.
It is not in dispute that on the date when the order was passed exparte the learned Advocate appearing for the appellant had obtained leave by filing an illness slip even then the Division Bench proceeded with and decided the matter exparte. It appears to us that an Advocate is ill it is expected that the matter should be sympathetically considered to enable the Advocate to make his submissions. An Advocate actually represents litigant and in fact by such exparte decision the litigant is deprived of the opportunity to contest his case through his Counsel which is his legal right.
Learned Counsel for the applicant relied upon a decision in the case of Rais Ahmad v. State of U.P. and others, (2000) 1 UPLBEC 32, in which the Supreme Court on similar aspect allowed the special leave petition against an order refusing to recall the order passed on merits exparte. Following the said decision, we are of the view that in the facts and circumstances of the case the order passed by the Division Bench ex pane on merits should be recalled.
Accordingly, we allow this application and recall the order dated 14th December 1999 passed by this Court. The appeal shall be listed for hearing before the appropriate bench on 6th November, 2000.
Application allowed.